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Docusign Envelope ID: 5D66C3E7-F3E1-44CE-81D8-6D9698D8B023 <br />Minn. Stat. § 473.848 RESTRICTION ON DISPOSAL. <br />Subdivision 1. Restriction. <br />(a) For the purposes of implementing the waste management policies in section I I5A.02 and <br />metropolitan area goals related to landfill abatement established under this chapter, a person may not <br />dispose of unprocessed mixed municipal solid waste generated in the metropolitan area at a waste <br />disposal facility unless the waste disposal facility meets the standards in section 473.849 and: <br />(1) the waste has been certified as unprocessible by a county under subdivision 2; or <br />(2)(i) the waste has been transferred to the disposal facility from a resource recovery facility; <br />(ii) no other resource recovery facility serving the metropolitan area is capable of processing the <br />waste; and <br />(iii) the waste has been certified as unprocessible by the operator of the resource recovery facility <br />under subdivision 3. <br />(b) For purposes of this section, mixed municipal solid waste does not include street sweepings, <br />construction debris, mining waste, foundry sand, and other materials, if they are not capable of being <br />processed by resource recovery as determined by the council. <br />Subd. 2. County certification; office approval. <br />(a) By April 1 of each year, each county shall submit an annual certification report to the office <br />detailing: <br />(1) the quantity of waste generated in the county that was not processed prior to transfer to a <br />disposal facility during the year preceding the report; <br />(2) the reasons the waste was not processed; <br />(3) a strategy for development of techniques to ensure processing of waste including a specific <br />timeline for implementation of those techniques; and <br />(4) any progress made by the county in reducing the amount of unprocessed waste. <br />The report shall be included in the county report required by section 473.803, subdivision 3. <br />(b) The Pollution Control Agency shall approve a county's certification report if it determines that <br />the county is reducing and will continue to reduce the amount of unprocessed waste, based on the report <br />and the county's progress in development and implementation of techniques to reduce the amount of <br />unprocessed waste transferred to disposal facilities. If the Pollution Control Agency does not approve a <br />county's report, it shall negotiate with the county to develop and implement specific techniques to reduce <br />unprocessed waste. If the Pollution Control Agency does not approve two or more consecutive reports <br />from any one county, the Pollution Control Agency shall develop specific reduction techniques that are <br />designed for the particular needs of the county. The county shall implement those techniques by specific <br />dates to be determined by the Pollution Control Agency. <br />Subd. 3. Facility certification. <br />The operator of each resource recovery facility that receives waste from counties in the <br />metropolitan area shall certify as unprocessible each load of mixed municipal solid waste it does not <br />process. Certification must be made to each county that sends its waste to the facility at intervals specified <br />by the county. Certification must include at least the number and size of loads certified as unprocessible <br />and the reasons the waste is unprocessible. Loads certified as unprocessible must include the loads that <br />would otherwise have been processed but were not processed because the facility was not in operation, <br />